In Minnesota there are laws that make it illegal for certain people to possess firearms including, but not limited to, all types of guns, pistols and military style assault weapons.

Lifetime Ban – Crimes of Violence

Anybody who has been found guilty and convicted of, or adjudicated delinquent for, committing a crime of violence in Minnesota, or any other state, is prohibited from possessing any type of firearm for life. The list of criminal offenses that are considered “crimes of violence” is found at Minnesota Statute 624.712, subdivision 5.

Ban Pending Restoration of Civil Rights

Anybody who is convicted of a felony that does not qualify as a “crime of violence” is also banned from possessing any and all types of firearms. However, these felony convictions do not result in a lifetime ban. Rather, these convicted felons re-gain the right to possess firearms as soon as their civil rights are restored, which happens once they have served their sentence, completed the entire period of probation, and been formally discharged from all forms of probation for the crime.

Time Limited Bans

In addition to the above two cut-and-dried rules, there is a long list of situations where people lose their right to possess firearms for a limited period of time. I will address these situations in a separate post as they are too numerous and too varied to include here.

Carol Mayer is an experienced criminal law attorney who will make sure your rights are protected and you are treated fairly in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

The Fourth Amendment is supposed to protect people from unreasonable warrantless searches, and this week the United States Supreme Court has given bigger teeth to that protection.

Florida v. Jardines

In Florida v. Jardines, after receiving a tip that marijuana was being grown in Mr. Jardines’ home, police went to the home with a drug sniffing dog named Franky. The police went up onto the porch of the home with Franky the drug sniffing dog, who alerted police to the presence of drugs inside the home. Only after Franky gave this alert did the police get a warrant to search the inside of the home, where they did in fact find drugs.

The Supreme Court dismissed the charges against Mr. Jardines, deciding that the police had violated his constitutional right to be free from unreasonable searches when they invaded the area immediately surrounding his home, known as the “curtilage,” with a trained drug sniffing dog. The Court recognized in its opinion the supreme protection given to a person’s home, and the fact that such protection would be lost if the police could simply “stand in a home’s porch or side garden and trawl for evidence with impunity ” Simply put, police can’t just use “a trained police dog to explore the area around the home in hopes of discovering incriminating evidence.”

Beware though, this ruling is very narrow in that it only applies to areas immediately surrounding the home. The Supreme Court has already decided drug sniffing dogs used with motor vehicle searches are treated differently, and suspects are not given the same protections as when a home is involved.

Carol Mayer is an experienced criminal law attorney who will make sure your rights are protected and you are treated fairly in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

]]>http://www.cmayerlaw.com/criminal-law/drug-dogs-warrant-sniff-criminal-attorney-lawyer-arlington-gaylord-green-isle-sibley-mcleod-brown-lesueur/feed0Warning – Gifts can be counted as income when calculating child support!http://www.cmayerlaw.com/family-divorce-lawyer/gift-income-calculating-child-suport-arlington-glencoe-gaylord-winstead-newulm-mn-minnesota
http://www.cmayerlaw.com/family-divorce-lawyer/gift-income-calculating-child-suport-arlington-glencoe-gaylord-winstead-newulm-mn-minnesota#respondWed, 20 Mar 2013 20:25:30 +0000http://www.cmayerlaw.com/?p=465Income for Calculating Child Support

In the case of Champlain v. Champlin, A12-0501, Husband worked as a line cook. However, Husband apparently was not able to meet all of his living expenses on line cook wages. As a result, Husband’s parents had been giving him pre-paid credit cards, and making direct payments to his creditors to cover the difference. When determining what Husband’s income was for child support purposes, the court included both his wages AND the contributions made by his parents. The court refused to treat the contributions from Husband’s parents as gifts because the payments were from a regular and dependable source.

Carol Mayer is an experienced family law attorney who can help make sure your rights are protected and you obtain the best possible result in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

Child support typically ends when the child turns 18 or completes secondary school (high school), whichever is later. However, if the child has not graduated from high school by the time she is 20 years old, then child support will stop when she turns 20. What this means is that if your child is still attending high-school after she turns 18, you will be paying child support until she turns 20 so long as she continues to attend school. This rule is actually derived from the definitions section of Minnesota law.

You Can Negotiate a Different Ending Date

Parents have the ability to negotiate terms that require child support to continue beyond when it would normally end. For example, they could agree that child support will be paid through college. However, this is NOT required by the law, and great caution should be used when agreeing to such a term. A parent always has the ability to provide more money, or pay for college, or any other expenses a parent may wish to contribute towards. There does not need to be a court order requiring him/her to do so, and typically I advise against it. Further, regardless of any privately negotiated agreement, a court can later change the order if it determines the agreed upon order is no longer in the child’s best interest.

Disabled Children

Lastly, if a child is incapable of self-support because of a physical or mental condition, the obligation to pay child support can continue indefinitely.

Carol Mayer is an experienced family law attorney who can help make sure your rights are protected and you obtain the best possible result in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

Each person applying for services from the county child support office has to pay a $25 application fee. If the person applying receives public assistance, the fee is waived.

Fee for Full Child Support Services

If you receive full child support services from the county and you are the person receiving child support or spousal maintenance (known as the oblige), you will be charged a cost recovery fee equal to 2% of the total amount of child support and spousal maintenance collected. If you are the
person paying the child support or spousal maintenance (known as the obligor), you will be charged a cost recovery fee equal to 2% of the monthly court-ordered obligation. This fee is waived for anyone receiving public assistance. Full child support services means the county not only collects the money, but brings enforcement actions if payments are not being made, and handles cost of living (COLA) adjustments.

Fee for Income Withholding only Services

If you do not want full child support services, but just want the county to collect the money owed, this is known as “income withholding only” services. If income withholding only services are used then the obligor, person paying the money, has to pay a monthly fee of $15.

Annual Fee

Lastly, if neither person has ever received public assistance, then an annual fee of $25 is charged once $500 worth of support or maintenance has been collected.

Carol Mayer is an experienced family law attorney who can help make sure your rights are protected and you obtain the best possible result in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

According to the federal tax code, the parent with primary physical custody is entitled to claim the child as a dependent on his/her taxes. However, a state district court judge does have the legal ability to change this and award the tax exemption to the noncustodial parent under certain circumstances. To do so, the judge must consider the relative resources of each parent and conclude it is in the child’s best interest to award the exemption to the non custodial parent. The legal right of the judge to award the tax dependency to a non custodial parent despite the federal tax code provision is well established in Minnesota case law.

What do I need to do if the judge allows me to claim a child on my taxes?

If you do not have primary physical custody but the judge grants you the right to claim a child on your taxes, you must have the other parent complete and sign IRS Form 8332 each year, unless the other parent is willing to compete the section granting a waiver for multiple years.

If I don’t have the right to claim a child on my taxes now can I be awarded that right in the future?

Yes, even if you were not given the right to claim a child on your taxes in the original divorce decree, or custody order if you were never married, you can ask the judge for the right to claim a child during any future motion to modify child support.

Carol Mayer is an experienced family law attorney who can help make sure your rights are protected and you obtain the best possible result in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

]]>http://www.cmayerlaw.com/family-divorce-lawyer/tax-dependency-exemptions-non-custodial-parent-sibley-arlington-gaylord-lesueur-mcleod-divorce-attorney-lawyer-minnesota-mn/feed0Juvenile Criminal History? Expunge those Records!http://www.cmayerlaw.com/criminal-law/juvenile-criminal-history-expunge-sibley-arlington-gaylord-carver-mankato-mcleod-scott
http://www.cmayerlaw.com/criminal-law/juvenile-criminal-history-expunge-sibley-arlington-gaylord-carver-mankato-mcleod-scott#respondFri, 25 May 2012 20:28:24 +0000http://www.cmayerlaw.com/?p=442In Minnesota the Bureau of Criminal Apprehension (BCA) maintains juvenile delinquency records. These records are considered “private data” and are not accessible to the general public. However, these records can still be accessed by certain agencies and governmental entities, which causes many people problems. Most often, these juvenile delinquency adjudications cause problems for people who want to work in a facility or in a position that requires licensure by the State of Minnesota. For example, people who want to work as nurses, pharmacists, personal care attendants, or in hospitals, nursing homes and daycare facilities. The list goes on, but this gives you a good idea.

The good news is that the Minnesota Court of Appeals recently issued a decision, In the Matter of the Welfare of J.J.P., which makes it much easier to get these juvenile adjudications “expunged” from your record. When a record is expunged, it is truly sealed and cannot be released by the BCA. If you have a juvenile adjudication of delinquency on your record that you want truly sealed, now is the time to do it.

Carol Mayer is an experienced criminal law attorney who can help make sure your rights are protected and you are treated fairly in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

]]>http://www.cmayerlaw.com/criminal-law/juvenile-criminal-history-expunge-sibley-arlington-gaylord-carver-mankato-mcleod-scott/feed0DWI Test Results Thrown Out by Judge!http://www.cmayerlaw.com/uncategorized/dwi-dui-blood-urine-test-minnesota-mn-attorney-lawyer-arlington-gaylord-mankato-carver-scott-sibley-hennepin
http://www.cmayerlaw.com/uncategorized/dwi-dui-blood-urine-test-minnesota-mn-attorney-lawyer-arlington-gaylord-mankato-carver-scott-sibley-hennepin#respondFri, 27 Apr 2012 16:14:35 +0000http://www.cmayerlaw.com/?p=435My client was arrested in Hennepin County for suspected hit and run. After arrest the police decided my client had been drinking, took him downtown, and asked him to submit to a urine test. While reading my client the Implied Consent Advisory, the police officer illegally denied my client his right to consult with an attorney prior to taking a test. Without first being allowed to talk to an attorney, my client gave a urine sample which revealed an alcohol level of .12%, well over the legal limit. As a result my client was charged with a gross misdemeanor DWI as well as a hit and run.

At my client’s first pre-trial hearing I argued that the alcohol test results should be thrown out and not allowed to be used as evidence at trial because the police officer violated my client’s constitutional right to consult with an attorney prior to testing. The judge agreed with me and threw the test results out! Without this evidence the prosecutor’s DWI case became very weak and I was able to negotiate a great deal which made my client very happy.

The moral of the story is this…..sometimes the police screw up. If you do not have an experienced attorney on your side, you may never know the police screwed up, and you may lose the chance of a lifetime to get the charges dismissed, or to negotiate a much better deal then the one you are being offered.

Carol Mayer is an experienced criminal law attorney who can help make sure your rights are protected and you are treated fairly in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

Long story short, your filing status is decided based on your marital status as it stands on the last day of the calendar year. For most everybody out there, the last day of the tax calendar year is December 31st.

If your divorce is not legally finalized and signed off on by a judge as of December 31st, your options are to either file as “married filing jointly,” or as “married filing separately.” Each of these filing statuses carry with it different tax consequences, so you should consult with a professional tax advisor before choosing which way to go.

Carol Mayer is an experienced divorce attorney who can help make sure your rights are protected and you are treated fairly in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.

Minnesota law now requires certain drivers to use something called an ignition interlock device if they want to be able to drive during the time their license is suspended due to a DWI.

What is an Ignition Interlock Device?

The ignition interlockdevice is a machine that requires the driver to blow into a tube to prove he has not been drinking. If the device detects more than .02% of alcohol on the driver’s breath, it will prevent the car from starting. Once the car has started, the ignition interlock device will require the driver to take additional random tests as he is driving to prove that he is still not drinking. If the device detects alcohol on the driver’s breath while he is driving, the device will require the driver to take the car in to have the device “calibrated,” or tested to make sure it is working correctly. Violations can result in longer license suspensions.

Is it safe for people to be blowing into tubes as they drive down the road? I’ve had clients tell me it is extremely distracting and almost as bad as texting. However, only time will tell.

Carol Mayer is an experienced criminal law attorney who can help make sure your rights are protected and you are treated fairly in the process. Carol Mayer represents clients in all metropolitan counties and cities including but not limited to Sibley, Carver, Scott, Anoka, Hennepin, Stearns, Blue Earth, LeSueur, Brown, Nicollet, Arlington, Gaylord, McLeod, Chaska, Hutchinson, Mankato, Shakopee, Prior Lake, Belle Plaine, Jordan, and many more throughout Minnesota.